ORDERS:
ORDER OF DISMISSAL FOR DEFAULT
On January 3, 2001, an ORDER was issued to all parties requiring the filing of Prehearing Statements within fifteen (15)
days of the date of that ORDER. Given the additional five (5) day extension allowed for mailing under ALJD Rule 5(C),
the Prehearing Statement was due on January 23, 2001. Respondent (Walker) failed to file the Prehearing Statement.
On January 31, 2001, Respondent was again directed to file the Prehearing Statement on or before February 8, 2001. No
Prehearing Statement was received by the close of business on the extension date of February 8, 2001, and thus Respondent
failed to comply with the Order.
Upon a party's failure to defend an action or upon a failure to adhere to an interlocutory order, the Administrative Law
Judge may dismiss a contested case in a manner so as to uphold the position of the party in compliance. ALJD Rule 23.
Therefore, IT IS ORDERED:
- Due to the Respondent's failure to prosecute this action, the Respondent is in default.
- South Carolina Department of Insurance, having complied in this matter, is not in default.
- The South Carolina Department of Insurance shall proceed to take all actions consistent with a default by Respondent.
- As the result of the default, this case is dismissed and the action is ended.
AND IT IS SO ORDERED.
__________________________________
RAY N. STEVENS
Administrative Law Judge
This 9th day of February, 2001
Columbia, South Carolina |
